Resisting Arrest with Violence Attorney in Miami, FL

If a law enforcement officer has arrested you or a loved one for resisting with violence, it is critical to consult with an experienced resisting arrest with violence attorney in Miami as soon as possible. Resisting an officer with violence is an extremely common felony charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people charged with felony resisting arrest feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with resisting. In fact, the person arrested is usually the one who suffers a physical injury at the hands of the officers. Consequently, somebody facing this charge often feels both physically and emotionally violated.

If you are charged with resisting an officer with violence, make sure that your rights are protected and that you do everything in your power to avoid a criminal conviction. Your first step should be to retain an experienced criminal defense lawyer to maximize your chances of avoiding a criminal record.

What is Resisting an Officer with Violence?

Resisting an officer with violence may be charged alongside battery on a law enforcement officer, but the State must prove the elements of each offense separately. Resisting with violence can involve offering violence without making physical contact. Resisting an officer without violence is a separate misdemeanor offense involving resistance or obstruction without offering or doing violence.

Our firm defends resisting-with-violence charges and other violent crime charges in Miami.

What are the Elements of Resisting an Officer with Violence?

Section 843.01, Florida Statutes, defines the criminal offense of resisting an officer with violence. To prove the crime, the prosecutor must prove the following four elements beyond a reasonable doubt:

1. You knowingly and willfully resisted, obstructed, or opposed the officer by offering or doing violence to the officer.

2. At the time, the officer was executing legal process or performing official duties described in section 943.10, Florida Statutes.

3. At the time of the incident, the alleged victim was an officer or person legally authorized to execute legal process;

4. At the time of the incident, you knew that the alleged victim was an officer or person legally authorized to execute legal process.

Who is Considered an Officer?

In addition to police officers, the definition includes:

  • a member, administrative aide, or supervisor of the Florida Commission on Offender Review
  • a county probation officer or correction officer;
  • a parole and probation supervisor;
  • an employee or representative of the Department of Law Enforcement; or
  • other persons legally authorized to execute legal process.

Resisting with Violence

The element of “resisting” can include many types of alleged conduct, including:

  • Punching or kicking
  • Swinging your arms
  • Headbutting
  • Biting
  • Colliding into an officer
  • Slapping
  • Scratching
  • Violently threatening an officer

These examples must be assessed in context. The State must prove that you knowingly and willfully offered or used violence against the officer; describing an encounter as a struggle does not establish that element by itself.

If you face resisting arrest charges, you must hire a criminal attorney who is knowledgeable about this area of law.

Performance of Official Duties

Florida amended its resisting-with-violence law effective June 16, 2026. Section 843.01 now refers to executing legal process or performing official duties described in section 943.10. For an earlier incident, the law in effect on the date of the alleged offense must be reviewed.

Under section 776.051, Florida Statutes, an unlawful arrest or detention does not, by itself, justify using or threatening force against a known or reasonably apparent law enforcement officer acting in good faith. The statute defines good faith as sincere and reasonable efforts to comply with the law, even when the officer’s act is later found unlawful.

Criminal Penalties for Resisting an Officer with Violence

Under Florida law, resisting an officer with violence is a third-degree felony punishable by a maximum five-year prison sentence, up to five years of probation, and a maximum fine of $5,000.

Resisting with Violence cases can lead to months in the county jail or prison, even for a first-time offender with no criminal history. There is a greater chance of avoiding a conviction and jail sentence if the officer(s) were not injured. If the officer suffered an injury during the incident, there is a greater chance the prosecutor will seek a harsher sentence. We have extensive experience handling allegations against law enforcement officers and can review your case to build a strong defense.

Common Defenses to a Resisting with Violence Charge

If you are facing a resisting with violence charge in Miami, there are many possible defenses. Here are a few examples:

  • According to the law, your actions were not “violent”
  • The officer was not executing legal process or performing the official duties covered by the applicable statute.
  • You didn’t know that the person you resisted was a law enforcement officer
  • Your actions were appropriate in resisting the excessive force being used by the arresting officer(s)
  • You didn’t willfully and knowingly commit violence to the officer(s) but were reacting out of reflex to the sudden force being used to restrain or handcuff you

Our law firm has significant experience in defending resisting an officer with violence charges and has represented numerous clients charged with this offense. If you or a loved one has been arrested and is facing criminal charges, it is critical to consult with an experienced Miami resisting with violence lawyer as soon as possible to ensure that your rights are protected. You need the counsel of an experienced criminal defense attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Our Miami-Dade County law firm has represented thousands of clients in a variety of cases over the years. Our criminal lawyers have likely handled cases similar to yours and have represented clients with similar needs and concerns. Our criminal defense case results include cases involving resisting an officer with violence and battery on a law enforcement officer.

You can help minimize the impact of your criminal case on your career, personal life, and reputation by hiring an experienced resisting with violence lawyer to defend yourself.

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